This compilation contains unofficial text of proposed amendments to the sentencing guidelines and is provided only for the convenience of the user in the preparation of public comment. Official text of the proposed amendments can be found on the Commission’s website and will appear in a forthcoming edition of the Federal Register.
There are two methods for submitting public comment.
(1) Electronic Submission of Comments.—Comments may be submitted electronically via the Commission’s Public Comment Submission Portal. Follow the online instructions for submitting comments.
(2) Submission of Comments by Mail.—Comments may be submitted by mail to the following address: United States Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002, Attention: Public Affairs – Proposed Amendments.
Public comment should be received by the Commission not later than February 22, 2024.
Summary of Proposed Amendments
RULE FOR CALCULATING LOSS
Seeks comment on a proposed amendment to §2B1.1 (Theft, Property Destruction, and Fraud) that would create Notes to the loss table in §2B1.1(b)(1) and move some of the general rules relating to loss from the commentary to the guideline itself as part of the Notes, as well as make corresponding changes to the Commentary of certain guidelines that refer to the loss rules in §2B1.1.
A two-part proposed amendment that includes (A) options to amend §4A1.2 (Definitions and Instructions for Computing Criminal History) to change how sentences for offenses committed prior to age eighteen are considered in the calculation of a defendant’s criminal history score; and (B) an amendment to §5H1.1 to address unique sentencing considerations relating to youthful individuals.
Seeks comment on a proposed amendment to the Guidelines Manual that provides options to address a court’s authority to consider “acquitted conduct” for purposes of imposing a criminal sentence.
Seeks comment on a multi-part proposed amendment addressing circuit conflicts concerning the “altered or obliterated serial number” enhancement at §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) and the interaction between subsection (c) of §3D1.2 (Groups of Closely Related Counts) and §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes).
Seeks comment on a multi-part proposed amendment in response to recently enacted legislation and miscellaneous guideline issues, including amendments to Appendix A (Statutory Index), §2B1.5 (Theft of, Damage to, or Destruction of, Cultural Heritage Resources), §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking), §2M5.1 (Evasion of Export Controls; Financial Transactions with Countries Supporting International Terrorism), §2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors), §2S1.3 (Structuring Transactions to Evade Reporting Requirements), and §4C1.1 (Adjustment for Certain Zero-Point Offenders).
Seeks comment on a two-part proposed amendment to make technical and other non-substantive changes to the Guidelines Manual.
SIMPLIFICATION OF THREE-STEP PROCESS
Seeks comment on a two-part proposed amendment that includes (A) a request for public comment on whether any changes should be made to the Guidelines Manual relating to the three-step process set forth in §1B1.1 (Application Instructions) and the use of departures and policy statements relating to specific personal characteristics; and (B) amendments that would revise the Guidelines Manual to simplify both (1) the current three-step process set forth in §1B1.1, and (2) existing guidance regarding a court’s consideration of the individual circumstances of the defendant as well as certain offense characteristics.